Restons/cabot claimform - old Vanquis 'debt'

[tomtom013]

Hi all,

 

My misses needs some advice on what to do next with the following.

 

 

She received a claimform from Restons Solicitors on behalf of Cabot/Marlin regarding a credit card with Vanquis which defaulted about 2 years ago.

Unbeknown to me she acknowledged on 12/08 and then submitted a defence on 01/09.

 

She has just has now received a long response in reply to her defence from Restons dated 06/10 which is quite lengthy.

 

She recalls that her limit was 250.00 and the claim is for 479.00 plus court costs, so a fair amount of interest and or charges have been added.

 

She effectively has until tomorrow to respond to Restons lengthy letter which is below.

 

1) The claim was issued via the county court business centre which is a procedure specifically provided for in the CPR.

This procedure only allows a claimant to insert brief details of the claim and does not allow for the attachment of any enclosures.

 

2) Although you have put the Claimant to strict proof of certain aspects,

we should point out that you have not entered into an agreement with the claimant,

nor do the POC allege that you have.

 

 

The original credit agreement between you and Vanquis was dated on or about 05/10.

In line with the T&Cs of that Credit Agreement,

the original creditor had a contractual right of assignment.

 

 

In other words, Vanquis was entitled to transfer their rights and benefits under the agreement to a third party

and that right was exercised on 11/12.

 

 

We now enclose copies of correspondence previously sent to you by the claimant (CABOT)

and by our client (Marlin FS LTD) which we believe constitute valid notice of assignment.

(NO official notice of assignment has been included with the letter(s))

 

3) As the outstanding balance relates to a credit card facility, you were sent monthly statements of account by vanquish

during the lifetime of your account.

 

 

Those statements would have clearly identified any items of expenditure, payments made towards the account

and the application of contractual interest / charges.

 

 

In the circumstances we suggest you check those statements again to see how the balance has been calculated.

 

4) As explained above,

the account was assigned to the claimant by Vanquius and you would have received confirmation of this in writing (not sure about this).

 

 

In any event, we assume you do not allege that you are still being perused by Vanquis in respect of this debt

so we see no reason why you would not believe that the Claimant is the legal creditor

and owner of you account and hence the correct party to bring these proceedings against you.

 

Now that we have provided you with further information with regards to tis claim,

we would be grateful if you would confirm you are willing to withdraw your defence by completing the enclosed form N9A

and returning it to this office within 14 days (this will be tomorrow).

 

 

Failing which, we will recommend to our client that an application is made to strike out the Defence/ for summary judgement

and an Order sought that you pay our clients costs associated with that application.

 

Alternatively, you may wish to resolve this matter amicably without further court intervention.

If this is of interest to you, please put forward your settlement proposals in 14 days.

 

 

Thanks in advance

[ims21]

Have you got a thread running on this?

 

I don't think the legal guys will be able to help you just based on the above.

[ims21]

Thread moved to the legal forum

[mikeymack2002]

Have you viewed this page yet?

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part31

 

 

Have you sent the CCA request in yet?

 

 

A SAR request?

 

 

Or have you checked to see if Vanquis added ROP without you asking for it (miss-sold) if so it could wipe out the balance.

[tomtom013]

Thanks, no thread running. My partner has done a DIY job without informing me until yesterday evening. What other info do you need

[tomtom013]

No but can you elaborate, have I done something wrong?

[ims21]

It is a standard template response from Restons.

 

It would be good if you could post up their Particulars of Claim and the Defence in full.

 

Did your partner send a CPR request and and a CCA request?

[tomtom013]

No, as mentioned my partner did a DIY through MCOL and sent no SAR or CCA or CPR request. I will post the POCs in a minute

[ims21]

And the defence in full as well.

[mikeymack2002]

Get this letter off first thing so you can see your credit agreement from here

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387435-CCA-Request-Consumer-Credit-Act-1974

 

 

Send 1st class recorded delivery, and get the proof of receipt from here https://www.royalmail.com/track-your-item

 

 

If you are using windows 7 use the snip tool to get a screen shot, Send a blank £1-00 postal order to (Retsons for Vanquis (Minor error)) then if you have time left also send in a sar request from here

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387306-Full-Subject-Access-Request

 

 

This request requires a £10-00 postal order and goes direct to Vanquis

 

 

Have a look at this thread for a template CPR31. letter here

http://www.consumeractiongroup.co.uk/forum/showthread.php?195201-CPR-31.14-Request-Letter-Help-please

[mikeymack2002]

As far as the CPR Part 31 request this straight away, they may send these in time before the case is heard, if not ask for an adjournment, this will allow you to make a defence if it is not too late already.

 

 

Vanquis have a bad habit of adding ROP (Repayment Option Plan) without the account holder requesting or wanting it, have a look on any statement you may have and that you want to get this looked in to straight away.

 

 

You could always ask the Solicitor for time before they go to Court to get the required documents in order for you to make your defence.

 

 

A side bar here they are offering you a chance to settle before it goes to Court which means there could be something wrong with the account, we need as much info as you can put up in the time frame you have left.

 

 

Do not allow a Judgement by default, attend the hearing and say to the DJ that you need further time so you can better defend the claim, i.e. you needing specific documents that require time to be sent to you

 

 

You may also want to read this as well CPR 18.1/2 http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part18

[dx100uk]

CCA REQUEST GOES TO THE CLAIMANT not vanquis...

 

you DO NOT have to answer Pestons at all.

 

that's a std reply, as IMS21 indicated.

 

get the CCA request off to cabot 1st thing tomorrow

DO NOT sign the letter

leave the PO blank.

 

the next move is theirs not yours.

 

cant see the point of a CPR as that restons reply is indicating they wont respond anyway

 

you mrs has done nowt wrong.

 

just forgot the CCA request

 

dx

 

can you go get the history of the card from Noddle CRa site please

(see below]

 

 

dx

[tomtom013]

okay below his their POC.

 

The claimant claims payment of the overdue balance due from the defendant(s)

under a contract between the Defendant(s) and Vanquis dated on or about 05/02/10

and assigned to the Claimant on 11/07/12 in the sum of 479.42

 

My partners Defence is below

DEFENCE

1. Paragraph 1 is neither admitted nor denied with regards to the Defendant entering in to an Agreement referred to in the Particulars of Claim ('the Agreement') the Claimant has yet to disclose any Agreement.

2. Paragraph 1 is noted with regards to termination of the alleged credit Agreement,

the Defendant has no knowledge, therefore the Claimant is placed to strict proof there of.

 

3. Paragraph 2 is denied with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement with the Claimant; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

4. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

5. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the Consumer Credit Act 1974.

 

6. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

[dx100uk]

good the usual andyorch no paperwork/holding defence

 

 

another tick for her.

 

 

she must have been reading CAG!!

 

 

dx

[tomtom013]

I just had a case against a DCA for a payday loan which ended in them dropping it after I did a CPR and put in a defence.

 

 

She has put in a defence also,

using the same one I used but without telling me.

 

 

She finally told me yesterday but it's very late in the day as she acknowledge on 12/08

and then submitted a defence on 01/09.

 

 

Restons sent the letter in response to her defence nearly 2 weeks ago

and they want a response to that by tomorrow!!

[dx100uk]

no you don't

 

 

go read the other reston claim threads

you do NOT have to respond

[mikeymack2002]

A lot of hard work but 1st thing get the CCA request off in the morning

[tomtom013]

Okay thanks dx100 and ims21, I will get her to send a CCA ASAP to the Claimant which on MCOL is Cabot Financial and keep you updated with her progress.

 

 

Thanks again

[letsgetitsorted]

i have had the exact same letter from restons again regarding their so called claim for an old vanquis debt sold to cabot....i have ignored their letter and am now preparing my witness statement ready for when it gets to court.